HomeMy WebLinkAboutItem #83 - First Reading Ordinancee
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ORDINANCE NO.
AN ORDINANCE SETTING FORTH A PROPOSED CHARTER
AMENDMENT, KNOWN AS "CHARTER AMENDMENT NO.
1", TO BE SUBMITTED TO THE ELECTORATE AT A
SPECIAL MUNICIPAL ELECTION ON JULY 9, 1985,
SAID AMENDMENT OF THE CITY CHARTER TO PROVIDE
FOR THE CREATION OF AN EXECUTIVE MAYOR FORM
OF GOVERNMENT FOR THE CITY OF MIAMI AND
DEFINING QUALIFICATIONS, FUNCTIONS AND
COMPENSATION OF THE MAYOR, COMMISSION,
CHAIRMAN OF THE COMMISSION, DIRECTOR OF
ADMINISTRATION, DIRECTOR OF FINANCE AND
BUDGET, DIRECTOR OF DEVELOPMENT AND CITY
ATTORNEY; PROVIDING FOR THE TERMS OF OFFICE
AND ELECTION DATES FOR FIVE COMMISSIONERS AND
THE MAYOR; DEFINING THE CLASSIFIED AND
UNCLASSIFIED CIVIL SERVICE; SETTING TERMS AND
CONDITIONS OF OFFICE FOR THE CITY ATTORNEY
AND CITY CLERK; REPEALING ALL CHARTER
SECTIONS OR PARTS THEREOF IN CONFLICT;
PROVIDING FOR SUCH CHARTER AMENDMENT TO TAKE
EFFECT UPON PASSAGE BY THE ELECTORATE;
CONTAINING A REPEALER AND A SEVERABILITY
CLAUSE.
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BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The City Commission hereby submits the
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following proposed Charter Amendment for submission to the
qualified electors of the City of Miami at a special municipal
election on July 9, 1985, for the purpose of creating an
Executive Mayor form of government for the City of Miami and
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defining qualifications, functions and compensation of the Mayor,
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the Chairman of Commission, the Director of Administration, the
Director of Finance and Budget, the Director of Development and
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the City Attorney, and establishing election dates and terms of
CITY COMMISSION
MEETING OF
APR 1 I
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2nd READING..
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office for the Mayor and five Commissioners, defining the
classified and unclassified Civil Service, and setting terms and
conditions of office for the City Attorney and City Clerk. The
following proposed Charter Amendment shall repeal all Charter
sections or parts thereof insofar as they are inconsistent or in
conflict with the provisions of the proposed Charter Amendment.
The proposed Charter Amendment shall become effective upon
passage by the electorate.
CHARTER AMENDMENT NO. 1
Sections 4, 7, 10, 11, 12, 13,14, 15, 16, 17, 18, 19, 20,
25, 270 29, and 31 of the City of Miami Charter, Chapter 10847,
Special Acts, Laws of Florida, 1925, as amended, are hereby
further amended in the following particulars:l
"Sec. 4. Form of government.
(a) General description. The form of government
of the City of Miami, Florida, provided for under this
charter shall be known as the leen��ntssien-manager
'executive mayor plan'. The commission shall
constitute t e governing body with powers (as
hereinafter provided) to pass ordinances, adopt
regulations, and ratify, by a majority vote, the
appointments made b the ma or of the director of
administration, director of finance and budget, the
director of developmentr the city attorney and board
and committee a2pointments. The commission snair
a oint an su ervise a clerk who shall serve an
in a intee term at the will of the commission. appetat
a-ehtef-ad:nfatstrat3�re-eff3eer-to-be-known-ae-the-1ettY
manager'=-and-exereise-all-powere-eenferred-upon-the
e4ty-except-se-here4"aftee-provided.
( b) rRules of
commission; limitation; quorum. The-eammisSien-Shall
eleet-a-eity-manager7 a-elerk=-and-a-eity-attorney=-but
nNo member of the commission shall be chosen as -manager
or -given for any ether city office or employment. In
the exercise of its legislative functions and powers,
the commission may enter into consultations with
boar s officers and employees of the city w enever in
the judgment of the commission it becomes necessar ;
owe ver, neither t e commission nor an member there _
ereo
shall interfere witn conuct_oany department,
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Words and/or figures stricken through shall be deleted.
Underscored words and/or figures shall be added. The
remaining provisions are now in effect and remain unchanged.
Asterisks indicate omitted and unchanged material.
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officer or employee in the discharge of his/her duties,
nor shall _any commissioner interfere with the mayor or
prevent him her from exercising independent udgment in
the appointment of employees. The commission may
determine its own rules of procedureT and punish its
own members for misconduct, and compel the attendance
of members. A majority of all the members of the
commission shall constitute a quorum to do business,
but a smaller number may adjourn from time to time.
{e}--Appointment-er-interferenee-with-employees:
Neither-the-eemmissien-ner-any-of-sts-members-she}}
dietete-the-appointment-of-any-person-to-empieyment-by
the-eity-meneger-er-in-any-manager-interfere-With-the
eity-maneger-er-prevent-him-from-exereising-his-own
judgment in the appointment of employees in the
administrative serviee: sxeept fer the purpose of
inquiryT-the-eammissien-and-its-members-shell-deal-with
the administrative service solely through the eity
managerT and neither the eemmisslen nee any member
thereof shell give erders7 either publiely or
privatelyT to any of the subordinates of the city
manager:-Any-seeh-dietatienT-prevent4en7-erdersT-er
ether interferenee an the part of a member of the
eemmissien-with-the-administration-of-the-eity-shall-be
deemed-to-be-a-vieiatien-ef-the-eharterr
-fd} (c) Meetings of commission. At twelve
o'clock noon on the day the commissioners take office,
they shall meet at the city hall. Thereafter the
commission shall meet at such times and places as may
be prescribed by ordinance or resolution. The meetings
of the commission and all sessions of committees of the
commission shall be public. The mayor, the director of
administration, the director of finance and budget, the
director of development, the clerk and the city
attorney, or their designees shall attend all regular
meetings of the city commission.
�e}--Powers-end-duties-ef-mayor:--the-mayor-9hn}i
preside-at-meetings-af-the-eemn+issieR-and-perferne-sorb
other ddtie97 consistent with his efflee and this
eharter7-se-may-be-imposed-by-the-eemmissien:--ire-shah
be-reeegnized-es-the-effieial-heed-of-the-eity-for-e}}
eeremenia+-perpeees=-by-the-eearte-for-the-purpose-of
be4ng-served-with-eivii-preees97-and-by-the-governor
far-military-purpe9es:--�R-time-ef-pubise-danger-er
emergeneyT he may7 with the eensent of the
eammissieners7-take-eemmend-of-the-peiiee7-maintain
erderT-end-enferee-the-laws:--rearing-his-nbsenee-ar
disnbi�ity-his-duties-sha��-be-performed-by-another
member-appointed-by-the-eemmissien:
if} (d) Salaries of mayor, commission, city
attorney, clerk, chairman of the commission, and
directors of administration, finance and budget, and
development. there-'hail-be-paid-te-the-mnyeri-and-ta
each-eammiestener-n9-eempenestion-the-stem-ef-$57666-per
year payable monthly in 12 equal 4netaiiments7 and
there-shah-be-paid-to-the-mayer-the-addit#anal-seem-of
$-2T5A6 annually to be used to cover entertainment
expenses -of -the-offiee-of-mayor-of-the-city-af-Muni=
Fleridar The commission shall set the salaries and
compensation of the mayor and the chairman of the
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commission, _the _commissioners, and the clerk at the
time each fiscal -year budget is approved. The
salaries of the cit attorney, directors of
d am nistration finance and bud et, and development
shall be established bythe mayor,
4g} (e) Ordinances and resolutions; voting;
veto. The commission shall act only by ordinance or
written resolution, and all ordinances and
resolutions, except ordinances making appropriations,
shall be confined to one subject, which shall be
clearly expressed in the title. Ordinances making
appropriations shall be confined to the subject of
appropriations. No ordinance shall be passed until it
has been read on two separate days, but an emergency
ordinance may be passed on one reading only by a
four -fifths vote of the members or the commission.
ordinances shall be read by title only. Copies of
proposed ordinances shall be furnished to each
commissioner and shall be made available to all
interested persons. The clerk shall record the vote of
each commissioner on all ordinances and resolutions.
Passage of every ordinance or resolution shall require
the affirmative vote of a majority of all the members.
No member shall be excused from voting except on
matters involving the consideration of his own official
conduct or on matters in which his financial interests
are involved. No ordinance shall go into effect until
36 15 days after its passage unless it is declared to
be an emergency measure on the ground of urgent public
need for the preservation of peace, health, safety, or
property, and unless it is approved by a vote of not
less than four -fifths of the members of the in
commission. No measure granting or amending any public
utility measure or amending or repealing any measure
adopted by the people at the polls or by the commission
in compliance with an initiative petition shall be
regarded as an emergency measure.
All nonemergencv ordinances and all resolutions
passed by the city commission shall be submitted,
before going into effect, to the mayor for His/her
approval. If approved, he/she shall sign the same
within 15 days after passage; thereupon, it shall
become a law but shall not go into effect earlier than
15 days after passage by the commission unless
otherwise provided in the measure. If the mayor
wishes to disapprove, he/she shall do so by film
his/her written disapproval with the clerk within 15
days and by returning the measure with his her
objections in writing to the city commission at or
before the first regular commission meeting following
its passage by the commission, whichever is earlier.
The objections shall be entered in full upon the record
of the proceedings and the commission shall proceed to
consider said objections and to act upon the same. If
upon consideration the city commission shall pass the
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same by a four -fifths vote of the entire commission,
which vote shall be entered upon the record, the
ordinance or resolution shall then become a law, the
mayor s objections to the contrary notwithstanding.
Failure to file a written notice of disapproval with
the clerk within 15 days or failure to return the
measure with the mayor s written objection to the city
commission at or before the first regular commission
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meeting following the commission's passage of the
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measure, whichever is earlier, shall result in the
measure becoming a law, not to go into effect earlier
than 15 days after passage by the commission.
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(f ) Election of _off ice_rs_ by__commissi
meetings. The commission shall- ratify_b_y
administration,,_a director_ o _ t finance an, e
director o _development,_ and a cites_attorney.
commission _may, _ by a. majority vote,_ call a_ spe
meeting of the commission when it deems proper tot
consideration of any business_of public import.
Chairman of commission. The chairman of the
commission shall be selected from members of the
commission b9tfie commission to serve one year terms
commencing within _ 5_ a s after the 1985 general
election and yearly thereafter; if not so selected, the
chairman sSall be appointedby the ma or from members
of t o commission. No chairman shall serve more than
four consecutive one-year terms _and, after a two year
oer od. may be eligible to serve again.
Sec. 7. �MMay_yu__recomposition of commission;
relation.
(a) Seats and terms. The commission shall
consist of five citizens who are qualified voters of
the city and who have resided in the City of Miami for
six months next preceding the election at which they
seek election. Commissioners shall be elected from the
city at large in groups numbered I through V. The �mayoor,,
shall not be a member of the commission. ene-of-said
eemmissieneve-sheii-be tThe mayor shall serve full
time and shall not have other salaried em5loyment.
He/she o"d shall have the same qualifications as the
commissioners and shall be elected from the c ty at
lar a in the Cate ory designated ma or. ; The ma or
end shall o office for a term of four years, WE
shall not after 1985 be elected for more than three
consecutive full terms of office. by-tire-people-et-eaeh
general-eieetien;-for-e-term-of-two-years;-from-the
group to be numbered f- The mayor and the 2roup I
commissioner shall be elecE-ed at the general elections
held in 1985. Commissioners in groups numbered II and
III shall be elected at the general elections to be
held in the year 1955 and at each general election
each four years thereafter. Commissioners in groups
numbered I, IV and V shall be elected at the general
elections to be held in the year i95? 1985 and at each
general election each four years thereafter. The mayor
and commissioners are to hold office until their
successors are elected and qualified from 12 o'clock
noon of the day after the declaration of the result of
the election.
Apt-- In -
(a)
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Election of commissioners and mayor.
Regular and primary elections of
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or
commissioners. A regular municipal election for the
election of commissioners shall be held on the second
Tuesday after the first Monday in November in
odd -numbered years. A nonpartisan primary election of
the nomination of candidates for the commission shall
be held on the first Tuesday after the first Monday in
November in odd --numbered years. Any person who
possesses the qualifications requisite to an elector at
the general state election, and who registers to vote
as may be prescribed by ordinance shall be a qualified
elector of the city. All elections held in the city
shall be conducted and held according to the provisions
of the general elections laws of the State of Florida,
except as otherwise provided for in this charter except
the commission shall be substituted for a board of
county commissioners. The name of any elector of the
city shall be printed upon the primary ballot as a
candidate for nomination of the office of mayor or
commissioner upon paying to the city the sum of $100 to
be deposited with the city clerk as a qualifying fee
not less than 45 days prior to the date of the primary
election; said elector shall submit concurrently
therewith a sworn statement of his or her name,
address, occupation, group in which the elector wishes
to run, and willingness to serve, if elected. All such
qualifying fees shall be deposited with the said city
clerk no later than 6:00 p.m. on the forty-fifth day
prior to the election.
(c) Vote required. If a candidate for office of
mayor or commissioner receives a majority of votes in
the primary election in his or her group, he or she
shall be considered elected upon the declaration of the
result of the election as hereinafter provided. If
there is no majority, the two candidates for nomination
of the office of mayor or commissioner who receive the
greatest votes in the primary election in each group or
category shall be placed on the ballot at the next
regular municipal election following the primary
election. The candidate for nomination receiving the
greater vote in each such group or category in the
regular municipal election following the primary
election, if otherwise qualified, shall be elected to
office from such group or category. A tie between two
or more candidates for any office shall be decided by
lot under the direction of the city clerk.
Sec. 11. Filling vacancies in commission:_ mayor_
A vacancy an the eemm3seien in the office of
commissioner caused by death, resignation, or other
causes sKall be filled by a majority of the remaining
commissioners within 10 days after such vacancy occurs.
The commission shall likewise fill such a vacancy in
the office of the mayor. The term of office of the
person so appointed shall be until a successor in
office is elected and qualified at the next�eneral
election. earlier -of --f1}-the-first-general-e eetten
er-eemmtsstenera-held-pnranent-te-this-eharter7-er-fg}
the-f#rat-state-gerejra+-eleetten:
'+Wyrb'i%ry AJ('. �.�J•� ! .rb ......{S. �1ry y'1 .: t M � Try
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In the event that the remaining commissioners
shall fail to fill such vacancy within 10 days after it
occurs, the city commission shall immediately call a
special election to be held at a date not less than 45
or more than 60 days after the expiration of the said
10-day period, for the purpose of having the electors
fill the vacancy. Persons otherwise qualified for
office shall have 10 days from the call of the election
within which to file the statement and pay the fee
required of candidates in regular municipal elections.
The person who receives the greatest number of votes in
said special election shall be deemed to be elected for
a terms of office ending when his or her successor is
elected and qualified at the next general election held
pursuant to this charter..
If there is more than one vacancy on the
commission, there shall be only one election, and the
persons receiving the greatest number of votes shall be
elected to fill the vacancies, for terms ending at the
next general election. Elections held subsequent to
the filling of vacancies shall, if when necessary, be
for shortened terms, in order to preserve the sequence
of staggered terms provided for in this charter.
Sec. 12. Commission may investigate official
transaction, acts, and conduct.
The mayor and the commission; or any committee
thereof duly authorized by the commission or mayor so
to do, may investigate the financial transactions of
any office or department of the city government and the
official acts and conduct of any city official, and by
similar investigations may secure information upon any
matter. In conducting such investigations the mayor or
the commission; or any committee thereof, may require
the attendance of witnesses and the production of
books, papers, and other evidence, and for that purpose
may issue subpoenas which shall be signed by the
presiding officer of the commission or the eha#r
chairperson of such committee, as the case may be, and
which may be served and executed by any police officer.
See:-13r--e#ty-manager--Appointment,--qual#f#eat#ens;
term ;- eel ary;-s#ekness-or-absenee;-removel;
pewers-end-det#es;-exam#net#ens:
fa}--Appe#ntment;-qual#f#eat#ens;-teem;-salary;
absenee: The eemm#ss#en shall w4th4n 36 days after
taking -of fIee- appoint- a-a#ty-manageel -Mho- shall -be-the
adm#n#stoat#ve-heard-of-the-man#e#pal-government-and
who shall be responsible far the eff#e#ent
adm#n#strat#en-of-the-a#tyr--He-or-she-shall-be-ehesen
by a vote of the majority of the members of the
ee�ntn#as#an-en-the-bns#s-ef-exeent#ve-and-adm#n#atrat#ve
gnat#f#eat#ensr-He-er-she-may-er-may-net-be-a-roe#dent
of-the-e#ty-er-of-the-State-of-P*ar#da: --Na-member-of
the- e#ty-eemm#ss#en-shell-be- appointed-a#ty-managerr
The-eity-manager-shall-held-offlee-at-the-Mill-ef-the
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.air' • �- r_. ..�,� ,.. _ .�.
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eetTmisSien and shall reeelve seep salary as may be
fisted=by-the-eor�missien -#n-rase-ef-the-siekt,ess=er
absence-of=the-+pity--w+anager=-the-ee�miss#on-n+ey-eppeint
anethee-qua*#fled-person-to-aet=for- the- e#tr-manageel
and-all=sash-sets=of-the-person-se=appointed=shall=be
as=vel#d=es-though-perfarmed- by- the- City-managerv-the
person appointed by the commission to set as city
manager during the absence or sickness of the city
manager-shall-net-be-paid-say-add#tiena*-ee�npenset#ori
for -has -services -es -acting -city -manager:
fb}--Remava#-ef =city-manager:--the-cammissien-may
remove the city manager by a majar#ty vote of its
memberar--At- least- 38-daye -bef are -seeh- remove* -shall
beeeme-effect# ve=-the-commission-shall,-by-s-majority
vote-ef-its-members,-adept-a-prelim#nary-reselutien
stating-the-reasens-fOr- his- remeval:-The-city-manager
may-reply-in-writing-and-may-request-a-public=hoer#ng7
wh#eh-shall-be- held- net -earlier- than- 28-days-ner-later
then-39-days-after-the-f#ling-of-seek-request:--After
seep-public-hearing=-if-ene-be-requested=-and-after
feil- eons! derat#en-the-eemmiss#en=-by-a-majority-vote
of its members= may adept a final resolution of
removal.
fe;--Pewera-and -dut#es:--The-powers- and -duties-ef
the-eity-manager-shall-be-
f*;--te-see-that-the-haws-and-endinanees-are
enforced;-
f3}--te-appoint-end-remove=-except-es-herein
prev#ded7 all directors of the
departments-and-all-subordinate-effieers
and-emp*eyees-in-the-departments-in-both
the-elossifled-and-unelessif#ed-serviee;
a** appointments are to be aspen merit
and -fitness -alone; -and-in-the-e�essified
serv4ee7-all-appointments-and-removals
are- to -be- subject- ta- the -eivil-serviee
pravisiens-ef-this-charter;
{3;--te-exercise-eentrel-aver-a*�-departments
end-divisions-created-herein-er-that-may
be-hereafter-created-by-the-eommissien;
{4;--te-attend-all-meetings-of-the-eemmissien
and-pantie#pate-in-the-diseussien7-but
net-ta-vete;-
f5;--to recommend to the commission fer
adoption such measures as he may deem
necessary-er-expedient;
{6}--te-keep-the-eemmiss4en-ful4y-advised-as
te-the-fineneial-send#teen-and-needs-ef
the-eity;-and
f?+--te-perfarm- such- ether -duties -es -may -be
prescribed by this charter or be
required of him by ordinance er
reselntian-af-the-eemmissien:
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#d}==bse>w4nat4on of affe4rs of aepert�tents�
eff4eers-er=e�np�eyees --the=a#l�-t�ere�e�r=McYT-+�tthee�t
ret4ee�=e�ae�se=the=affa4rs-of=ewp-aepartment�or=tht
eendeet=ef-e+�y�•eff4eee-ee-emp�eYee-te-be-exe�n�ned =-hnY
person or persons eppe4nted by the e4ty menager to
estei�ine=the=effeirs=ef+any-deportment-er=the=eendeset=ef
any -of fIeer=or- employee- she* 4=have- the- same- r4jht=te
require-the-attendenee=ef-M4tnessts-and-predeset4en-ef
beaks-and-papers-ands•ether=ev4deneed-se-49-eenferred
aspen-the-eamm4ssion-by-th4s-eherter.
Sec. 13
Mayor, chief executive officer
powers and duties; other
qualifications and removal.
officers
(a) Notwithstanding any other provision of this
charter, the mayor shall have all executive and
administrative powers of the city and perform all
(1) to serve as the official head of the city for
all ceremon_aI purposes and shall be the
official spokesperson for the c ty;
(2) to be recognized by the courts for the
purpose of serving civil process, and by the
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to appoint the city attorney, the director
of admin strat on, the director of finance
and bud et and the director of development
with the ratification of the commission;
(4) to supervise the directors of administration,
finance and budget, and development; any one
of whom may be appointed by the mayor to
serve as deputy ma or in absence of the
mayor. Such appointment shall be sub ect to
ratification by the commission. If such
ratifi etion is not made within 15 days the
appointment shall be deemed ratified. If the
commission re3ects all the appointments, the
mayor shall have the power to select one of
such officers to serve as deputy mayor;
(5) to enforce the charter and ordinances of the
city and all general laws applicable
thereto;
(6) to present recommendations to the commission
on the requirements of the c t overnment
including but not limited to the initiat Mn
of ordinances and other legislation;
to prepare all commission agendas and to
prepare and submit to the commission his/her
recommended annual budget together with an
operating-- budget message, The line item
budget may be changed by the commission. The
mayor may veto any chan a made by the
commission. Such veto may be overridden b a
four -fifths vote of the entire commission;
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(8 ) to, exer_ci_se a veto over .over ordinances . or
resolutions _ado ec _ the commission; wT� cT
may- be overridden by a four -fifths vote of
the entire commission;
(9)to attend all ,meetings of the commission _with
authorit to take art in the discussions, or
direct any of icer or depalrFmeRt Sega_ to take
part in the discussions, but shall_ not have
the power to vote;
(10) to appoint the members of the zoning _board of
adjustment # the planning advisory_ board, the
civil service board the downtown development
authority, The off-street parking board, the
pension boards and any other board the
commission _ may _ designate that the mayor
a oint subject to a ratification of a
majority ot the commission and the mayor may
remove at will any sucR bogr=andcommittee
members. The mayor maX al so appoint the
members of the boards he she creates.
(11) To call special meetin s of the commission
at anX time he/she may deem proper for the
consideration of any business of public
import;
(12) To present an annual status of the city
address.
(b) Qualifications and duties of the director of
administration, director_ of finance and budget and the
director of development. The individual or individuals
holding the position of director of administration,
director of finance and bud et and the director of
development shall have general oversight of suc
departments, boards and committees as may be assigned
by the mayor. However, generally, the director of
administration shall supervise those service
departments such as police, fire, sanitation, and
Planning and_zoning boards administration; the director
of finance and budet shall oversee the fiscal aspects
and departments of the city"; and the director of
development shall be responsible for those departments
that deal with long range, neighborhood, community or
economic development including housing and
International trade and commerce. Such directors Shall
ave a minimum of five years high level government
experience or equivalent private sector experience.
(c) The city attorney, and the directors of
administration, finance and bud et, and development
serve at the will o t e ma or and may a terminate
without cause. Termination by the mayor isfinal—.
Howeverr it they wish a public hearing on the removal
thev may request one in writing within one week o
beinq terminated by film such request with the
office of the cit clerk, and the commission shall hold
such hearing within two weeks of the request for
hearing.
Sec. 14. Departments of the city; boards
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(b) Power to appoint boards or commissions of
citizens. The commission and the__mayor may -at-the
request -of -the -city-ant eager create-appel"t boards or
commissions, to be composed of such number of citizens
as the commission may deem expedient, to act in an
advisory capacity in conjunction with any one or more
of the departments created or authorized hereby. The
members of all such boards and commissions shall serve
without compensation and may be removed at any time by
a-Majority-1+ete-ef-the=eemmissiert the mayor.
Sec. 15. Directors of departments.
The eity manager director of administration,
director of finance and bud et and director of
eve opment MIT appoint a director for eac
department under his or her supervision and, in -his -or
her d4eeretion= the mayor may consolidate two
departments under one director. Each department
director shall serve at the will of the eRy-manager
above -named directors of administration finance and
bud2et, and deVelopmg-nt; -shall be responsible for the
conduct of the officers and employees of the
department, for the performance of its business, and
for the custody and preservation of the books, records,
papers, and property under its control; and, subject to
the supervision and control of the eity-manager mayor
or as appropriate the directors of administration
finance and budget or deve o ment as the mayor may
designate to -el -matters, shall manage the department.
None of the provleiers of this seetien shflii be
appiieabie-te-the-department-of-+awT
Sec. 16. Department of law.
The city attorney shall be the director of the
department of law. He or she shall be the legal
advisor of and attorney and counsel for the city and
for all officers and departments thereof in matters
relating to their official duties. He or she shall
prosecute and defend all suits for and in behalf of the
city; prepare all legislation, contracts, bonds, and
instruments in writing in which the city is concerned;
endorse on each his or her approval of the form and
correctness thereof; and supervise, control, and be
responsible for all of the legal work of the city.
The city attorney shall have such number of
assistants as the commission by resolution may
' authorize.
The mayor, the commission, the-eity-manager, the
director of any department, or any officer not
included within a department may require the opinion of
the city attorney upon any question of law involving
their respective power and duties.
The city attorney shall be a member in good
standing of The Florida Bar. He or she shall be a
full-time governmental employee; shall not engage in
the private practice of lawT. and-open-eleetien-by-the
j of ty-eommiss#en=-sheii-serge-for-a-terms-of-twe-years;
} ending-en-the-day-of-eneh-regtiiar-mnnfetpai-eieetten-in
! No-vember-ef-each-edd-numbered-year:
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Sec. 17. Finance, department of finance.
(a) Department director. Subject to the
supervision and control of the elty-mefteger mayor_ and
the director of trance and bud _et, the director of
finance shall have c arge of the department of finance
and shall administer the financial affairs of the city,
including the keeping and supervision of all accounts,
the levy, assessment and collection of revenues, the
making and collection of special assessments, the
custody and disbursement of city funds and monies, the
control over expenditures, and such other duties as the
commission may by ordinance provide.
(b) Form and manner of keeping accounts and
making reports. Accounts shall be kept by the
department of finance showing the financial
transactions of all departments and offices of the
city. The forms of all such accounts and the financial
reports rendered to or by the department of finance
shall be prescribed by the director of finance and
budget with the approval of the eity-manager mayor. T)ie
accounts and accounting procedure of the city shall be
adequate to record all cash receipts and disbursements,
all revenues accrued and liabilities incurred, and all
transactions affecting the acquisition, custody, and
disposition of values. The director of finance shall
make such reports of the financial transactions and
condition of the city as gray be required by law or
ordinance. Financial reports shall be prepared for
each quarter and fiscal year and for such other periods
as may be required by the eity-manager mayor.
(c) Budget estimates. Not later than one month
before the end of each fiscal year, the eity-manager
mayor shall prepare and submit to the commission and
Fake available to the public a budget estimate of the
expenditures and revenues of all city departments,
divisions, and offices for the ensuing fiscal year.
This estimate shall be compiled from detailed
information obtained from the several departments,
divisions, and offices on uniform blanks furnished by
the etty manager mayor. The classification of the
estimates shall be as nearly uniform as possible for
the main functional divisions of such departments,
divisions, and offices and shall give in parallel
columns the following information:
(1) a detailed estimate of the expenses of
conducting each department, division, and
office;
(2) expenditures for corresponding items for the
last two fiscal years;
(3) expenditures for corresponding items for the
current fiscal year, including adjustments
due to transfer between appropriations, as
well as an estimate of the expenditures
necessary to complete the current fiscal
year;
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(4) the value of supplies and materials on hand
at the date of the preparation of the
estimate;
(5) increases or decreases of requests compared
with corresponding appropriations for the
current fiscal year, with reasons for such
increases or decreases;
(6) a statement from the director of finance of
the total probable income of the city from
taxes for the period covered by the
estimate;
(7) an itemization of anticipated revenues from
other other sources;
(8) the total amount of the outstanding city
debt, with a schedule of maturities of bond
issues;
(9) the amount required for interest on the city
debt, for sinking funds, and for maturing
serial bonds; and
(10) such other information as may be required by
the commission.
(e) Appropriations for current expenses prior to
passage of annual appropriation ordinance. Before the
annual appropriation ordinance has been passed, the
commission, upon recommendation in writing of the elty
manager mayor, may make appropriations for the current
expenses of the city, chargeable to the appropriations
of the year when passed, in an amount sufficient to
cover the necessary expense of the various departments,
divisions, and officers until the annual appropriations
ordinance is in force. No other liabilities shall be
incurred by any officer or employee of the city, except
in accordance with the provisions of the annual
appropriation ordinance.
(f) Transfer of appropriations. Upon request of
the elty-ifienager mayor, the commission may transfer any
part of an unencumbered balance of an appropriation to
a purpose or object for which the appropriation for the
current year is insufficient, or may authorize a
transfer between items appropriated to the same office,
department, or division.
(k) Payment of payrolls, bills and claims. No
claim against the city shall be paid except upon a
voucher certified by the head of the appropriate
department or other division of the city and by means
of a check or warrant on the city treasury, issued and
signed by the director of finance and countersigned by
the chief accountant of the department of finance;
provided, however, that in the event of the illness or
the absence of the director of finance or the chief
accountant of the department of finance, the e#ty
manager mayor may designate other officers of the city
to sign and countersign such checks or warrants. The
director of finance shall examine all payrolls, bills,
and other claims and demands against the city, and
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shall issue a check or warrant for payment only upon
finding: that the claim is in proper form, correctly
computed, and duly certified•, that it is justly and
legally due and payable; that an appropriation has been
made therefor which has not be exhausted or that the
payment has been otherwise legally authorized; and that
there is money in the city treasury to make payment.
The director of finance may require any claimant to
make oath as to the validity of a claim, may
investigate any claim; for that purpose may examine
witnesses under oath.
(m)
Audit and investigation of
accounts of
officer
when office
vacant. Upon
the death,
resignation, removal, or
expiration of the term of any
officer
of the city,
other than the
director of
finance,
the director of
finance shall cause an audit
and investigation of the
accounts of such
officer to be
made and
shall report to
the eity-menager
mayor.
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Sec. 18. Chief procurement officer.
(a) The elty-Manager mayor shall appoint a chief
procurement officer who shall supervise all purchases
for the city in the manner provided by ordinance and
who shall, under such procurement methods as may be
prescribed by ordinance, supervise sales of all real
and personal property of the city not needed for public
use or that may have become unsuitable for use. The
chief procurement officer shall have charge of such
storerooms and warehouses of the city as the commission
may by ordinance provide. Before any purchase or sale,
the chief procurement officer shall require that all
prescribed procurement procedures be followed. Supplies
shall not be furnished to any department unless there
be to the credit of such department an available
appropriation balance in excess of all unpaid
obligation sufficient to pay for such supplies.
Sec. 19. Contracts for personal property,
public works or improvements,
unified development projects,
and real property; safeguards.
(a) Personal property. Any personal property,
including but not limited to supplies, equipment,
materials, and printed matter, may be obtained by
contract or through city labor and materials, as
provided by ordinance. All contracts for more than
$4,500 shall be awarded by the commission to the lowest
responsible bidder, after public notice and using such
competitive sealed bidding methods as may be
prescribed by ordinance, but the elty-manager mayor or
designee shall have the power to reject a1T-bids.
Notwithstanding the foregoing, the e4ty-maneger mayor
may waive competitive sealed bidding methods by making
a written finding which shall contain reasons
supporting the conclusion that competitive sealed
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bidding is not practicable or not advantageous to the
city, which finding must be ratified by an affirmative
vote of four -fifths of the commission after a properly
advertised public hearing. When competitive sealed
bidding methods are waived, other procurement methods
as may be prescribed by ordinance shall be followed.
All invitations for bids, requests for proposals, or
other solicitations shall contain a reservation of the
foregoing right to reject all offers. All contracts
for personal property in excess of $4,500 shall be
signed by the city manager mayor or designee after
approval thereof by the commission. This section shall
not apply to transfer to the United States or any
department or agency thereof, to the State of Florida,
or to any political subdivision or agency thereof.
(b) Public works or improvements. Any public
work or improvement may be executed either by contract
or by the city labor force, as may be determined by the
commission. there shall be a separate accounting as to
each work or improvement. Before authorizing the
execution by the city labor force of any work or
improvement or phase thereof, the eity-manager mayor or
designee shall submit to the commission a description
of the anticipated scope of work and related cost
estimates. All contracts for more than $10,000G, which
shall include contracts under which improvements valued
in excess of $10,000 are to be constructed for the
city, shall be awarded to the lowest responsible bidder
after public notice and using such competitive sealed
bidding methods as may be prescribed by ordinance, but
the eity-manager mayor or designee shall have the power
to reject all bids. Notwithstanding the foregoing, the
city -manager mayor or designee may waive competitive
sealed bidding methods— by making a written finding that
a valid emergency exists or that there is only one
reasonable source of supply, which finding must be
ratified by an affirmative vote of four -fifths of the
commission after a properly advertised public hearing.
When competitive sealed bidding methods are waived,
other procurement methods as may be prescribed by
ordinance shall be followed. All invitations for bids,
requests for proposals, or other solicitations shall
contain a reservation of the foregoing right to reject
all offers. Contracts for public works or improvements
shall be signed by the eity-manager mayor or designee
after approval thereof by the commission.
When it becomes necessary in the opinion of the
city -manager mayor to make alterations or modifications
in a contract For any public work or improvement, such
alterations or modifications shall be made only when
authorized by the commission upon the written
recommendation of the city -manager mayor or designee.
No such alteration shall be valid unless the price to
be paid for the work or material, or both, under the
altered or modified contract shall have been agreed
upon in writing and signed by the contractor and the
city manager mayor or designee prior to such
authorization by the commission.
(c) Unified development projects. A unified
development project shall mean a project where an
interest in real property is owned or is to be acquired
by the city, is to be used for the development of
improvements, and as to which the commission determines
that for the development of said improvements it is
most advantageous to the city to procure from a private
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bidding is not practicable or not advantageous to the
city, which finding must be ratified by an affirmative
vote of four -fifths of the commission after a properly
advertised public hearing. When competitive sealed
bidding methods are waived# other procurement methods
as may be prescribed by ordinance shall be followed.
All invitations for bids, requests for proposals, or
other solicitations shall contain a reservation of the
foregoing right to reject all offers. All contracts
for personal property in excess of $4,500 shall be
signed by the city manager mayor or designee after
approval thereof by the commission. This section shall
not apply to transfer to the United States or any
department or agency thereof, to the State of Florida,
or to any political subdivision or agency thereof.
(b) Public works or improvements. Any public
work or improvement may be executed either by contract
or by the city labor force, as may be determined by the
commission. there shall be a separate accounting as to
each work or improvement. Before authorizing the
execution by the city labor force of any work or
improvement or phase thereof, the e#ty-manager mayor or
designee shall submit to the commission a description
of the anticipated scope of work and related cost
estimates. All contracts for more than $10,0000, which
shall include contracts under which improvements valued
in excess of $10,000 are to be constructed for the
city, shall be awarded to the lowest responsible bidder
after public notice and using such competitive sealed
bidding methods as may be prescribed by ordinance, but
the eity-manager mayor or designee shall have the power
to reject all bids. Notwithstanding the foregoing, the
city -manager mayor or designee may waive competitive
` sealed bidding methods by making a written finding that
a valid emergency exists or that there is only one
reasonable source of supply, which finding must be
ratified by an affirmative vote of four -fifths of the
commission after a properly advertised public hearing.
When competitive sealed bidding methods are waived,
other procurement methods as may be prescribed by
ordinance shall be followed. All invitations for bids,
requests for proposals, or other solicitations shall
contain a reservation of the foregoing right to reject
r all offers. Contracts for public works or improvements
shall be signed by the city -manager mayor or designee
after approval thereof by the commission.
When it becomes necessary in the opinion of the
eity-manager mayor to make alterations or modifications
;.;
in a contractor any public work or improvement, such
alterations or modifications shall be made only when
authorized by the commission upon the written
recommendation of the e4ty-manager mayor or desi nee.
No such alteration shall be valid unless the price to
be paid for the work or material, or both, under the
altered or modified contract shall have been agreed
upon in writing and signed by the contractor and the
city manager mayor or designee prior to such
authorization by the commission.
(c) Unified development projects. A unified
development project shall mean a project where an
interest in real property is owned or is to be acquired
by the city, is to be used for the development of
improvements, and as to which the commission determines
-
that for the development of said improvements it is
s:
most advantageous to the city to procure from a private
xy ti j
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tt
person# as defined in the Code of the City of Miami#
one or more of the following integrated packages:
(1) planning and design# construction# and leasing; or
(2) planning and design, leasing# and management; or
(3) planning and design, construction and management;
or
(4) planning and design, construction, leasing, and
management.
So long as the person from whom the city procures one
of the above -mentioned integrated packages provides all
of the functions listed for that package, such person
need not provide each listed function for the entire
unified development project nor for the same part of
the unified development project.
Requests for proposals for unified development
projects shall generally define the nature of the uses
the city is seeking for the unified development project
and the estimated allocations of land for each use.
they shall also state the following:
(1) the specific parcel of land contemplated to be
used or the geographic area the city desires to
develop pursuant to the unified development
project;
(2) the specific evaluation criteria to be used by the
below -mentioned certified public accounting firm;
(3) the specific evaluation criteria to be used by the
below -mentioned review committee;
(4) the extent of the city's proposed commitment of
funds, property, and services.
_
(5) the definitions of the terms 'substantial
increase' and 'material alteration' that will
apply to the project pursuant to subsection (e)(4)
hereof; and
(6) a reservation of the right to reject all proposals
and of the right of termination referred to in
subsection (e)(4) below.
After public notice there shall be a public
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hearing at which the commission shall consider:
9
(1) the contents of the request for proposals for
the subject unified development project;
(2) the selection of a certified public
'=
accounting firm, which shall include at least
ry.
one member with previous experience in the
4=>'
type of development in • yp p question; and
(3) the recommendation of the efty-manager moor
for the appointment of persons to serve on
the review committee. Said review committee
shall consist of an appropriate number of
city officials or employees and an equal
'
number plus one of members of the public,
bAnfl;
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whose names shall be submitted by the e4ty
manager mayor no fewer than five days prior
to the above -mentioned public hearing.
At the conclusion of the public hearing the
commission shall authorize the issuance of a request
for proposals, select a certified public accounting
firm, and appoint the members of the review committee
only from among the persons recommended by the elty
manager mayor.
The procedure for the selection of an integrated
package proposals shall be as follows:
(1) all proposals shall be analyzed by a
certified public accounting firm appointed by
the commission based only on the evaluation
criteria applicable to said certified public
accounting firm contained in the request for
proposals. Said certified public accounting
firm shall render a written report of its
findings to the e4ty-manager mayor.
(2) the review committee shall evaluate each
proposal based only on the evaluation
criteria applicable to said review committee
contained in the request for proposals. Said
review committee shall render a written
report to the efty manager mayor of its
evaluation of each proposal, including any
minority opinions.
(3) taking into consideration the findings of the
aforementioned certified public accounting
firm and the evaluations of the
aforementioned review committee, the eity
manager mayor shall recommend one or more of
the proposals for acceptance by the
commission, or alternatively, the efty
manager mayor may recommend that all
proposals be rejected. If there are three or
more proposals and the e#ty manager mayor
recommends only one, or if the elty-manager
t�mayor recommends rejection of all proposals,
tty-manager mayor shall state in writing
the reasons for such recommendation.
In transmitting his recommendation or recommendations
to the commission, the city -manager mayor shall include
the written reports, including any minority opinions,
rendered to him by the aforementioned certified
accounting firm and review committee.
(4) all contracts for unified development
projects shall be awarded to the person whose
proposal is most advantageous to the city, as
determined by the commission.
The commission may accept any recommendation of
the etty manager moor by an affirmative vote of a
majority of its members. In the event the commission
does not accept a proposal recommended by the a*ty
manager mayor or does not reject all proposals, the
commission shall seek recommendations directly from the
aforementioned review committee, which shall make a
recommendation or recommendations to the commission
taking into account the report of the aforementioned
certified public accounting firm and the evaluation
criteria specified for the review committee in the
request for proposals.
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After receiving the direct recommendations of the
review committee, the commission shall, by an
affirmative vote of a majority of its members:
(1) accept any recommendation of the review
committee; or
(2) accept any previous recommendation of the
elty-meneger mayor; or
(3) reject all proposals.
All contracts for unified development project
shall be signed by the e+ty-manager mayor or designee
after approval thereof by the commission. The efty
manager mayor or designee shall be responsible for
developing a minority procurement program as may be
prescribed by ordinance and permitted by law in
conjunction with the award of contracts for unified
development projects. The provisions of this charter
section shall supersede any other charter or code
provision to the contrary.
Sales and leases of real property. Except as
otherwise provided in this charter section, there shall
be no sale, conveyance, or disposition of any interest,
including any leasehold, in real property owned by the
city, the department of off-street parking, or the
downtown development authority, unless there has been
prior public notice and a prior opportunity given to
the public to compete for said real property or
interest. Any such sale, conveyance, or disposition
shall be conditioned upon compliance with: the
provisions of this section; such procurement methods as
may be prescribed by ordinance; and any restrictions
that may be imposed by the city, the department of
off-street parking, or the downtown development
authority, as appropriate. Further, no right, title,
or interest shall vest in the transferee of such
property unless the sale, conveyance, or disposition is
made to the highest responsible bidder, as is
determined by the city commission or the off-street
parking board, or the downtown development authority
board of directors. The city commission or the
off-street parking board or the downtown development
authority board of directors, as appropriate, may by
resolution waive the requirement of sale, conveyance,
or disposition to the highest responsible bidder by
means of the following procedure: the eity manager
mayor, the director of the off-street parking
authority, or the director of the downtown development
authority, as appropriate, must make a written finding
that a valid emergency exists, which finding must be
ratified by an affirmative vote of four -fifths of the
commission after a properly advertised public hearing.
When the requirement of sale, conveyance, or
disposition to the highest responsible bidder is
waived, other procurement methods as may be prescribed
by ordinance shall be followed. The city or the
department of off-street parking or the downtown
development authority shall have the power to reject
all offers. All invitations for bids, requests for
proposals, or other solicitations shall contain a
reservation of the foregoing right to reject all
offers. This section shall not apply to transfers to
the United States or any department or agency thereof,
to the State of Florida, or to any political
subdivision or agency thereof.
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(e) Safeguards.
(4) Any substantial increase in the city's
commitment of funds, property, or services,
or any material alteration of any contract
awarded under subsection (c) of this section
shall entitle the city commission to
terminate the contract after a public
hearing. Prior to such public hearing, the
commission shall seek and obtain a report
from the eity manager m��a.��or and from the
review committee that a vaTuated the proposals
for the project, concerning the advisability
of exercising that right.
Sec. 20. Local improvements.
(d) Plans and specifications prepared by eity
manager mayor and filed with city clerk. Promptly
after the passage of said resolution, the eity-manager
mayor shall prepare and file with the city clerk plans
and specifications of each improvement ordered thereby
and an estimate of the cost hereof, including an
estimate of the cost of each kind of improvement if the
resolution provides alternative descriptions of
material, nature, character, and size. Such estimate
shall show the amount of cost and incidental expense to
be assessed against property and, except in the case of
storm sewer improvements, the estimated amount to be
assessed against each foot of abutting property. The
estimate made by the city -manager mayor of the cost of
a street development or a storm sewer or waterfront or
water main improvement shall show the estimated amount
of cost and incidental expense to be assessed against
all property in the area of special benefits, but shall
not show any estimated assessment against any
particular property within the area, or against any
frontage or portion of such property.
(j) Publication of notice calling for bids. As
soon as practicable after the confirmation of any such
resolution ordering work to be constructed, the city
clerk shall publish at least once in a newspaper of
general circulation in the city, and if the estimated
cost exceeds $5,000 in a newspaper of general
circulation throughout the state, a notice calling for
sealed bids to be received by the commission on a date
not earlier than 15 days from the first publication in
the local paper, or if said estimate exceeds $5,000, in
x,
each of said two newspapers, for the construction of
--
the work, unless in such resolution the commission
declared its intention to have the work done by the
city labor forces without contract. The notice may
refer in general terms to the extent and nature of the
improvement or improvements and may identify the same
#r
by the short designation indicated in the initial
resolution and by reference to the plans and
specifications on file. If the initial resolution gave
two or more alternative descriptions of the improvement
4
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as to its materials, nature, character, and size, and
if the commission did not later determine a definite
description, the notice may call for bids upon each of
such descriptions. No contractor shall be required to
take bonds, warrants, or other certificates in payment;
payment shall be made in cash upon monthly estimates of
the elty-manager mayor to an amount not greater than
97-1/2 percent of suc- estimates, and the balance due
shall be paid in cash within 60 days after acceptance
of the work. Bids may be requested for the work as a
whole or for any part thereof separately, and bids my
be asked for any one or more improvements authorized by
the same or different resolutions, but any hid covering
work upon more than one improvement shall be in such
form as to permit a separation of cost as to each
improvement. The notice shall require bidders to file
with their bids either a certified check upon an
incorporated bank or trust company for 2-1/2 percent of
the amount of the bids or a bid bond. The bid bond
shall be in like amount with corporate surety
satisfactory to the city to insure the execution of a
contract to carry out the work in accordance with such
plans and specifications and to insure the filing, at
the making of such contract, of a bond in the amount of
the contract price with sureties satisfactory to the
e#ty-manager mayor conditioned on the performance of
the work in accordance with such contract. The
commission shall have the right to reject all bids and
if all bids are rejected the commission readvertise or
determine to do the work by the city labor forces
without contract.
(k) Preparation and contents of preliminary
assessment roll. After a contract has been entered
into for an improvement ordered in any resolution, or
after an authorized improvement to be done by the
city's labor force has been completed, the eity-manager
mayor �shall prepafe and file with the city clerk a
pr—eliminary assessment roll which shall contain the
following:
(p) Appeal to court. If the owners of any
railroad, lot, or parcel of land so assessed shall
within 20 days from such confirmation file a written
verified petition in a court of competent jurisdiction,
setting forth that the amount so assessed against any
property of the petitioner exceeds the amount of the
special benefit the petitioner has sustained or will
sustain by reason of such improvement, or is out of
proportion to benefits, or that the assessment is
invalid for any reason whatsoever, and shall at the
same time file with the court clerk a written
undertaking in at least the sum of $200, with a good
and sufficient surety, to the effect that the
petitioner will pay to the city all costs and damages
to be sustained by it by reason of such proceeding, and
shall within 10 days from such confirmation, deliver to
the eity-manager mayor a copy of said petition, then
the validity of sucW assessment against said property
shall be determined in the judicial proceeding so
begun. Within 10 days after the delivery of said copy
of petition to the e}ty-manager mayor, the eity-manager
mayor shall answer the said petition, and the case
sh`aIT be heard upon such evidence as may be presented
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Sec. 25. Civil service.
(a) Creation of board; appointment; terms of
office; vacancies; rules and regulations. A civil
service board of the city is hereby created and
established. there shall be five members constituting
the said civil service board. Three shall be appointed
by the eemmissien mayor, and two shall be elected by
the employees of t city with civil service status,
from said employees with such civil service status. The
two so elected shall become members of the board when
confirmed by the city commission. All members of the
said civil service board shall serve for two years, and
they shall take office as soon as appointed and
qualified. The eemmissien mayor may remove any
anointed member without cause and may remove any
other member of the board for cause, upon stating in
wrrlt-ing the reasons for the removal, after allowing him
or her to be heard by the eemmissien mayor in his or
her own defense. Any vacancy shall be filled by the
eemmissien mayor for the unexpired term. The eity
manager mayor shall be authorized to prescribe the
rules, regulations, and procedure for the holding of
election for the purpose of electing the two members of
the civil service board by the city employees with
civil service status.
(c) Unclassified and classified service.
(1) The unclassified service shall include the
following positions or their functional equivalents:
(A) The eity manager; assistants; and
secretarial staff to the mayor, city attorney
and city clerk.
Employees with permanent civil service rights appointed
by the mayor, eity-manager city attornex and city clerk
to unclassified positions shall retain accrued civil
service rights in the position from which they were
selected.
(d) Rules; examinations; eligible lists;
certification of vacancies. Subject to the approval of
the commission, the board shall adopt, amend, and
enforce a code of rules and regulations which shall
have the force and effect of law providing for
appointment and employment in all positions in the
classified service, based on merit, efficiency,
character, and industry; shall make investigations
concerning the enforcement and effect of this article
and of the rules adopted; and shall make an annual
report to the commission. The chief examiner shall
provide examinations in accordance with the regulations
of the board and maintain lists of eligibles of each
class of the services of those meeting the requirements
of said regulations. Positions in the classified
service shall be filled from such eligible lists upon
requisition from and after consultation with the city
manager mayor. When positions are filled, the
-21-
7
0*
sec. 25. Civil service.
(a) Creation of board•, appointment; terms of
office; vacancies; rules and regulations. A civil
service board of the city is hereby created and
established, there shall be five members constituting
the said civil service board. Three shall be appointed
by the eemmissien m_ayorp and two shall be elected by
the employees of the city with civil service status,
from said employees with such civil service status. The
two so elected shall become members of the board when
confirmed by the city commission. All members of the
said civil service board shall serve for two years, and
they shall take office as soon as appointed and
qualified. The eammissien mayor may remove any
appointed member without cause and may remove any
other member of the board for cause, upon stating in
writ ng the reasons for the removal, after allowing him
or her to be heard by the eammissien mayor in his or
her own defense. Any vacancy shall be Eilled by the
eammissien mayor for the unexpired term. The eity
manager mayor shall be authorized to prescribe the
rules, regulations, and procedure for the holding of
election for the purpose of electing the two members of
the civil service board by the city employees with
civil service status.
(c) Unclassified and classified service.
(1) The unclassified service shall include the
following positions or their functional equivalents:
(A) The eity managerz assistants; and
secretarial staff to the mayor, city attorney
and city clerk.
Employees with permanent civil service rights appointed
by the mayor, eity-manager city attorney and city clerk
to unclassified positions shall retain accrued civil
service rights in the position from which they were
selected.
(d) Rules; examinations; eligible lists;
certification of vacancies. Subject to the approval of
the commission, the board shall adopt, amend, and
enforce a code of rules and regulations which shall
have the force and effect of law providing for
appointment and employment in all positions in the
classified service, based on merit, efficiency,
character, and industry; shall make investigations
concerning the enforcement and effect of this article
and of the rules adopted; and shall make an annual
report to the commission. The chief examiner shall
provide examinations in accordance with the regulations
of the board and maintain lists of eligibles of each
class of the services of those meeting the requirements
of said regulations. Positions in the classified
service shall be filled from such eligible lists upon
requisition from and after consultation with the eity
manager mayor. When positions are filled, the
-21-
r
employment officer shall so certify, by proper and
prescribed form, to the director of finance and to the
director of the department in which the vacancy exists.
(f) Power of suspension, removals fine, or
demotion.
(1) Any officer or employee in the classified
service may be removed, suspended, fineds
laid off, or demoted by the eity manager
mayor or by the head of the department in
c�Fi such person is employed, for any cause
which will promote the efficiency of the
service; but such person must be furnished
with a written statement of the reasons
therefor within five days from the date of
the removal, suspensions fine, layoff, or
demotion, and be allowed a reasonable time
for answering such reasons in writing, which
answer shall be made a part of the records of
the board. No trial or examination of
witnesses shall be required except in the
discretion of the eity-manager mayor or the
head of the department. Any emp o-yee in the
classified service who deems that he or she
has been suspended, removed, fined, laid off,
or demoted without just cause mays within 15
days of such action, request in writing a
hearing before the civil service board to
determine the reasonableness of the action.
The board shall, within 30 days after appeal
of the employee disciplined, proceed to hear
such appeal. After hearing and considering
the evidence for and against the employee,
the board shall report in writing to the eity
manager mayor its findings and
recommendations. The eity manager mma�ayy��or
shall then sustain, reverse, or modify the
action of the department director. Any member
of the civil service board and the director
of personnel may administer an oath to
witnesses appearing before said board of
before said director in an investigation,
disciplinary or appeal proceedings, and they
shall have the power to issue witness
subpoenas and to compel the attendance of
witnesses.
Sec. 27. City planning and zoning board.
(c) Creation of implementing boards. The
commission shall by ordinance create such appropriate
board or boards as it may deem necessary to carry out
the functions as set out in subsections (a) and (b)
above.
The commission may by ordinance provide for the
establishment and method of composition of the board or
boards; the number of members, all of whom shall be
appointed by the mayor; the qualifications of members;
-22-
the staggering of terms to insure board continuity; the
n+ethed-et-fiiiit�ej aeee�eies;-the rnethed-ef-eet�evai; the
compensationp if any; the participation of alternate
members, if any, in board business; the general rules
of organization, procedures, and conduct of business;
the giving of notice and necessary public hearings on
matters relating to the functions of the board or
boards; and other matters deemed necessary by the
commission to the proper functioning of such board or
boards.
The commission may by ordinance make provision for
the functions, responsibility, advisory or
quasi-judicial duties, and authority of the board or
boards created by the commission. The commission may
by ordinance set out the standards and limitations
under which such board or boards shall operate; the
relationship of the board or boards to each other, to
the commission, or to the courts as provided by law;
and the method of review of any decision of such board
or boards.
(e) Task forces or committees. The commission
may by resolution egpeint create task forces or
committees to serve as advisory or recommendatory
agents to the board or boards established under this
section on particular problems relating to the areas of
responsibility and authority of the particular board.
Members of said task forces or committees shall be
a pop inte y t e mayor.
Sec. 29. Department of off-street parking;
off-street parking board.
(b) There is hereby established a board to be
known as the 'Off -Street Parking Board of the City of
Miami' (hereinafter sometimes called the 'off-street
parking board' or the 'board') which shall consist of
F five members. Each member of the board shall either
reside or have his principal place of business in the
city and shall be an individual of outstanding
reputation for integrity, responsibility, and business
ability; but not officer or employee of the city shall
serve as a member of the board while employed as such
officer or employee of the city.
Within 30 days after the city commission shall
have adopted an ordinance declaring the need for the
department and for the board, the eammi99ion mayor
'
shall appoint the members of the board, two of—w om
shall hold office for a term of two years, two of whom
.;A3
shall hold office for a term of three years, and one of
whom shall hold office for a term of four years;
thereafter each member shall be appointed for a term of
five years, as herein provided.
At least 10 days prior to the date of expiration
of the term of any member of the board, or within 10
days after the death, resignation, or removal of any
such member, a successor shall be named and appointed
by the remaining members of the board, subject to
.;:
confirmation by the eemm#9s4en mayor. In the event
'
R
F
�
.�bn�raAi.
�
-23-
y
V
Y,.
I
that any appointment so made shall not be confirmed by
the eemM4894eft mayor within 10 days after notice of
such appointment bias been served upon the mayor
eemm4ssienr the appointment shall be null and voic4; a
the remaining members of the board shall make a new
appointment likewise subject to confirmation by the
eemmissien mayor, Each member of the board shall be
eligible for reappointment.
Upon the effective date of his or her appointment
or as soon thereafter as practicable, each member of
the board shall assume office, but before doing so
shall take the oath prescribed elsewhere in this
charter and shall execute a bond in the penal sum of
$10,000, payable to the department and conditioned upon
the faithful performance of the duties of the office.
Said bond shall be approved by the commission and filed
with the city clerk; the cost of the premium on such
bond shall be treated as part of the cost of operating
the department.
Each member of the board shall be paid a salary of
$50 per annum or such larger sum as the commission may
establish by ordinance.
Any member of the board may be removed by the
eemmissien mayor. for geed eaese and after preper
hearing;
(e) The director shall be appointed by and shall
hold office at the will of the board. He or she shall
be a person of good moral character and have an
excellent reputation for integrity, responsibility, and
business ability, but no member of the board shall be
eligible for appointment as director. The director
shall receive such salary, payable in equal semimonthly
installments, as shall be fixed by the board, but such
salary shall not be less than $10,000 per annum. Before
assuming office, the director shall take the oath and
execute the bond prescribed hereinbefore for each
member of the board. The director shall act as the
chief executive officer of the department, shall devote
full time and attention to the duties of the office,
and shall not engage actively in any other business or
profession. Subject to the direction and approval of
the board, the director shall have general supervision
over and be responsible for the operation and
maintenance of the off-street parking facilities of the
city and shall exercise the powers and perform the
functions and duties herein provided. The director
shall attend all meetings of the board; shall furnish
to the board, mayor and commission monthly report with
respect to Et He` operation, maintenance, and financial
condition of the off-street parking; and shall from
time to time have prepared and shall furnish such
reports, audits, and other information relating to said
facilities as may be required by the board.
In the event that the director shall for any
� reason be temporarily incapable of exercising the
powers and of performing the duties and functions of
the office, the board may appoint an acting director to
exercise such powers and to perform such functions and
duties until the incapacity of the director terminates.
-24-
CA
Sec. 31. Conduct of city business;
compensation, duties, and oaths
of officers and employees.
(d) Compensation of officers and employees. The
eemmISSI:on_9hej-j-f }x-by -era 3nsnee-the-eempenset+6ft-ef
the-efty-menegerT-eity-etterney=-end-eity-elerk The
efty-meneger mayor shall fix the number and salaries or
compensation of all ether officers and employees,
except as otherwise provided in this charter. The
salaries or compensations so fixed shall be uniform for
like service in each grade of the service as the same
shall be graded or classified by the elty-manager
�mma__ oa�r in accordance with the rules and regulations
adopted by the civil service board. All fees and money
received or collected by officers and employees shall
be paid into the city treasury.
Section 2. The City Commission hereby submits the
following
proposed
Charter Amendment for
submission to the
qualified
electors
of the City of Miami at
a special municipal
election on July 91 19550 for the purpose or creating an
Executive Mayor form of government for the City of Miami and
defining qualifications, functions and compensation of the Mayor,
the Commission, the Chairman of Commission, the Director of
Administration, Director of Finance and Budget and the Director
of Development, and establishing election dates and terms of
office for the Mayor and five Commissioners, defining the
classified and unclassified Civil Service, and setting terms and
conditions of office for the City Attorney and the City Clerk.
The following proposed Charter Amendment shall repeal all Charter
sections or parts thereof insofar as they are inconsistent or in
conflict with the provisions of the proposed Charter Amendment.
The proposed Charter Amendment shall become effective upon
passage by the electorate.
-25-
Oh
P
CHARTER AMENDMENT N0. 1
Sections 4, 13-A, 13-8, 15, 16, 21, 23-A.1., 52, 53j 54,
55, 600 62, 65, 88 and 90 of the City of Miami Charter, Chapter
10847, Special Acts, Laws of Florida, 1925, as amended, are
hereby further amended in the following particularst2
2
"Sec. 4. Form of government.
(a) General description. The form of government
of the City of Miami, Florida, provided for under this
Charter shall be known as the leemmissien-reneger
'executive mayor plan'. and tThe commission shall
consist of five (5) citizens, who` are qualified voters
of the city and who shall be elected at large in the
manner hereinafter provided. The executive mayor, who
shall have the same qualifications as the commissioners
and s a not be a member of the commission shaIr
serve full time, w thout other salar ed employment, and
shall be elected every_four () years and after 1985
shall not be elected for more than three consecutive
full terms of office. The commission shall const tute
the governing body with powers (as hereinafter
provided) to pass ordinances, adopt regulations, and
ratify, by a majority vote r
certain appointments made
by the mayor under his/her powers. appoint a ehief
administrative officer to be known as the ieity
maneger74-end The commission shall exercise all legis-
lative powers conferred upon the city except as
hereinafter provided.
(b) Election of commission and mayor; terms of
office; recall. The commission shall consist of five
(5) members who shall be elected from the city at large
in groups numbered I through V. ene f I-} of said
eommissioners-shall-be tThe mayor and shall be elected
by the people from the group category designated mayor
to-be-numbered-f and all persons desiring to qualify
as candidate for mayor shall file in geenp l such
category. The mayor shall have the power set forth in
the Charter of the City of Miami in Dade County,
Florida. All persons desiring to qualify for
commissioners shall file in groups numbered if I
through V. Group I and category mayor shall be elected
at the general elections held in 1985, and shall hold
office for a term of four (4) years. Commissioners in
groups numbered II and III shall be elected at the
general elections to be held in the year 1955 and at
each general election each four (4) years thereafter.
Commissioners in groups numbered I. IV and V shall be
elected at the general elections to be held in the year
19Sq 1985 and at each general election each four (4)
years thereafter. The-mayor-shall-be-eleeted-et-eneh
genera*-eleetion-and-shall-held-office-for-e-term-of
two-{g;-years: The mayor and all commissioners [are] to
hold office until their successors are elected and
qualified frem- twelve-oleleek- neon -of --the-day-after
the canvass of the vote and the deelerstien of the
Words and/or figures stricken through shall be deleted.
Underscored words and/or figures shall be added. The
remaining provisions are now in effect and remain
unchanged. Asterisks indicate omitted and unchanged
material.
=26-
7A
51
reselt of the a*eettbii. The mayor and all other
members of the commission shall be subject to recall.
Vacancies shall be filled as provided in seetlef-13h-of
the Charter of=the-elty-ref-Meml,
tf a candidate for office of mayor or commissioner
receives a majority of votes in the primary election in
his group, he shall be considered elected upon and
after the canvass of the vote and the declaration of
the result of the election as hereinafter provided. If
there be no majority, two (2) candidates for nomination
of the office of mayor or commissioner who receive the
greatest vote in the primary election in each group
shall be placed on the ballot at the next regular
municipal election following the primary as provided in
section 8 of this Charter. The candidate for
nomination receiving the greatest vote in the regular
municipal election following the primary election, if
otherwise qualified, shall be elected from the group in
which he is qualified.
Any incumbent commissioner desiring to run for the
office of mayor or for another commission seat shall
present an irrevocgSle resignation of His/her gresent
office of city commissioner to the city commission not
less than ninety (90) days prior to the date of
election, whether primary or general, and said
resignation shall become effective on the date of the
election. Upon receipt of said resignation the
commission shall make a public announcement of the
resignation and instruct the clerk to accept qualified
candidates to run for election for the unexpired term
of the commissioner resigning for the purpose of
running for mayor. If any mayor or commissioner elected
under the provisions of this act desires to run for
some elective office other than the mayor or city
commissioner, then under such circumstances he/she
shall not be required to resign his/her city office
unless and until he/she has been elected to such other
elective office. In the event that such mayor or
commissioner is elected to such other elective office
other than that of mayor or commissioner, he/she shall
immediately resign his/her office as mayor or
commissioner and upon his7Ker failure or refusal to do
so he/she shall be discharged and ousted from his/her
office and said office declared vacant by a majoFi y
vote of the remaining members of the city commission.
(d) Commission to be judge of its own
election, net to dtetate appatntments by of
iftterfere- w!th-c4ty-manager. The commission shall
be the judge of the election and qualifications of
its own members, subject to review by the courts.
Neither the commission nor any of its committees
or members shall dictate the appointment of any
person to office or employment by the eity-manager
mayor, or in any manner interfere with the city
manager mayor prevent him from exercising his own
judgment in the appointment of officers and
employees in the administrative service. Except
for the purpose of inquiry, the commission and its
members shall deal with the administrative service
solely through the efty manager ma or and
neither the commission nor any mem-Ser thereof
shall give orders to any of the subordinates of
the mayor, either publicly or privately. Any such
dictation, prevention, orders or other
interference on the part of a member of the
commission with the administration of the city
-27-
P r
shall be deemed to be violation of the Charter#
and upon conviction before the city court any
member so convicted shall be subject to a fine not
exceeding five hundred dollars ($500.00) or
imprisonment for a term of not exceeding sixty
(60) days or both, and in the discretion of the
court shall forfeit his office.
(e) Ratification and apgointment Hleetien of
officers by commission; rules of commission;
quorum. The commission shall e4eet ratify by a
majority _ vote the a pointment_.made by the mayor
of a director of administration, a director of
finance and bud et a director of development e4ty
manager and shell eleet a e erk, and a city
attorney. The Commission shall a oint and
supervise a clerk who sha 1 serve an indefinite
term at the will of the commissions a- edge -of
the mnn eipal ;pert and etv -1 seri+iee eammis-
sien=-bet nNo member of the commission shall be
ehesen as manager or as a member of the eivii
serviee-eemmissien-or appointed to any ether city
office or employment. The commission may determine
its own rules of pr cedure and may punish its own
members for misconduct. and-e+ay eempe*- attend anee
ef-members A majority of all the members of the
commission shall constitute a quorum to do bus-
iness, but a smaller number may adjourn from time
to time.
(f) Meetings of commission; to act by
ordinance or resolution, form of, manner of
passage and publication of ordinances; veto. At
twelve o'clock noon on the day the cometFiss oners
take office, they shall meet at the city hall.
Thereafter the commission may meet at such time
and place as may be prescribed by ordinance or
resolution. the meetings of the commission and
all sessions of committees of the commission shall
be public. The commission shall act only by
ordinance or written resolution; and all
ordinances and resolutions, except ordinances
making appropriations, shall be confined to one
(1) subject which shall be clearly expressed in
the title. The ordinances making appropriations
shall be confined to the subject of appro-
priations. No ordinance shall be passed until it
has been read on two f2} separate days or the
requirement-of-reading-en-twe-f2;-separate-days
been -dispensed -Kith -by a fear-f4fths-{4/S+-vete-ef
the- members- ef-the-eemmissien in accordance with
state law. Ordinances shall be rea3 by title on y.
Copies of proposed ordinances shall be furnished
to each commissioner and shall be made available
to all interested persons. The ayes and noes
shall be taken upon the passage of all ordinances
or resolutions and entered upon the journal of the
proceedings of the commission, and every ordinance
or resolution shall require on final passage, the
affirmative vote of a majority of all members. No
member shall be excused from voting except on
matters involving the consideration of his/her own
official conduct, or where his/her financial
interests are involved. The mayor, the director
of administration, the director of financeand
budget, the director of development, the clerk and
the city attorne , or their designees shall attenM
all regular meetings of the city commission.
-28-
r r
All nonemergency ordinances and all
resolutions passed by the city commission shall be
submitted, before going into effect, to the mayor
for his_her approval. If approved he/she, shall
sign the same within 15 days after_ passage;
thereupon,_it shall become a law but shall not go
into effect earlier than 15 days after passage by
the commission unless otherwise provided in the
measure. If the mayor wishes to disapprove,
he/she shall do so by filling his/her written
disapproval with the clerk within 15 days and by
returning the measure with his/her objects in
writing to the city commission at or before the
first regular commission meeting following its
passage by the commission, whichever is earlier.
The objections shall be entered in full upon the
record of the proceedings and the commission shall
proceed to consider said objections and to act
upon the same. If upon consideration the city
commission shall pass the same by a four -fifths
vote of the entire commission, which vote shall be
entered upon the record, the ordinance or
resolution shall then become a law, the mayor's
objections to the contrary notwithstanding.
Failure to file a written notice of disapproval
with the clerk within 15 das or failure to return
the measure with the mayor's -written objection to
the city commission at or before the first regular
commission meeting following the commission s
passage of the measure, whichever is earlier
shall result in the measure becoming a law, not to
go into effect earlier than 15 days after passage
by the commission.
(g) Powers and duties of mayor. Not-
withstanding any other provision of this Charter,
the mayor shall preside at meet*ngs of the
eemmiss#en-and-perfeem-seep-ether-dut#esz have all
executive and administrative powers of the city
and perform all duties consistent with his her
office and-th#s-Eharter, including but not limited
to the following: as may be imposed by the
eamm*ss*en:-Be-sha++-be-reeegn#zed-as-the
(1) to serve as the official head of the city for
all ceremonial purposes and shall be the
official spokesperson for the city;
(2) to be recognized by the courts for the
purpose of serving civil process, and by the
governor for military purposes and may
declare a state of emergency; Ein time of
public danger or emergency? _ he=n+ay=-Mtth
the eensent of the eommf s9toner9z take
command-of-the-peltee-and-mainta+n-order-and
erforee the IdW97 Bttr#rg h-is absenee or
d�sab��tty-hie-ddtfes-9ha�f-be-perfern+ed-by
anether-member-appe+rated-by-the-eemmiss+en;
(3) to appoint the city attorney, the director of
administration, the director of finance and
budget and the director of develo ment with
the advice and consent of the commission;
(4) to supervise the directors of
administration,, finance and budget, and
development, any one of whom may be appointed
by the mayor to serve as deputy mayor in the
absence of the mayor. Such appointment shall
-29-
be__sub- ectto_ratification by the commission.
i_t__sucn,._ratlticatioR,_.is not _._made within 15
da s t e _ a ointment__ shall be e_eme
ratified. If thecoM scion re acts_ all
- three a ointments the mayor s all have _t e
power notw _thstandinc; such rejection to
of such officers as
the charter and ordinan
nd all q eneral laws apnlica
(6) to present recommendations to the commission
on the requirements of the city overnment,
inclu3 ng but not lim'Ited to the initiation
of ordinances and other legislation;
(7) to prepare all commission agendas and
to prepare and submit to the commiss on
his er recommenaed annual budget, together
with an operating bu3get message, The line
item budget may be changed by the commission.
The ma or may veto any change made by the
commission. Such veto may be overridden by a
four -fifths vote of the entire commission;
(8) to exercise a veto power over ordinances or
resolutions adopted by the commission; which
may be overridden by a four -fifths vote o
the entire commission;
(9) to attend all meetings of the commission
with authority to take part in the
discussions or direct any officer or depart-
ment head to take part in the discussion, but
without power to vote;
(10) to appoint the members of boards and
committees sub ect to a ratification of a
majority of the commission; 553 to remove at
will any such board or committee member.
This rovision shall be appMable to the
public members of the civil service board,
pension boards, off-street parking boar ,
downtown development authority, 9lanni g
advisory board, zoning board of ad3ustmennt,
and such other boards that the commission
shall direct that he she aepoint.
Additionally, the mayor shall appoint the
members of any board or committee created by
the mayor; notwitHstanding any other
provisions of this Charter to the contrary;
(11) to call special meetin s of the commission at
any time he/she ma deem proper for the
consideration of any business of pu c
(12) to present an annual state of the city
address.
fh3--5elartes-ef-eammissten: --There-shell-be
paid-te-the-een�n�fssteners-ef-the-arty-ef-Mte�ntT
PlarfdeT-by-the-eity-ef-Miami-as-eampenestfenT-the
sum-ef-f3�re- thebsend-deffars-{$5T8A9:98;-per-year
f er-eseh-eammtsstenerT-payable-menthly-tn-twei-ve
f12}-equal-f nstailmentsT-and-there-sha*+-be-pafd
by-the-e3ty-ef-M#a�nf-ta-the-mayor-eemn+fsstener-an
-30-
r r
I
edd4t4onel gem net to exeeed two thousand five
bt�t�drea-de44ets-f$�T588:98;=anneall�=to-be-used-by
the mayor- eathmiss#after to eever any or all
entertainment expenses of the off4ee of
�+e�or=temmissioner-ofithe-Eity=ef-M4am#*-Florida:
The said eompensation of five thousand
dollars 05T999 99} per year is to be paid= as
provided -in-seet4on- l-f the- preeed4ng-paragraph}
hereefl-beg4nn4n9-Beeember-11-19497-to-the-three
43}-eemm4ss4enere-eleeted-4n-the-regular-m"n4e4pal
e4eet4en to be held in Nevember* 1949T and the
said eampensat4en of f4ve thousand dollars
f$5:eee:ee}-4s-to-be-paid-beginning-Beeember-l=
1951=-far-the-ether-tNe-f3}-temmiss4eners-Mha-Mill
be--eleeted-at-the-regular-mun4eipal-eleet4en-to-be
held-in-Neerember=-1951:--ft-is-dnderstaed-that-the
add4t4enal eempenset4en of two thousand five
hundred dollars f$3=500T88} to be paid to the
mayor- eemm4ss4enerT-as-provided-in-seet4en-l-{the
preeeding paragraph} hereefy shell be paid
beginn4ng-Beeember-17-1949v
(h) Chairman of _commission; service status.
The chairman of the commission shall be selected
from the members of the comm scion by the
commission to serve for one year and shall be so
selected wit in 15 a s of the 1985 general
municipal election and yearlzt ereafter;if not so
selected, the chairman shall be appointed bX the
mayor from mom ers of the commission. No chairman
may serve more than four (4) consecutive one (1)
year terms and, after a two (2) year period, may
be eligible to serve again.
M Salaries of mayor,, commission city
attorney, clerk chairman o the commission an
directors of administration f nance and budget
andevelopment. The commission shall set t o
salaries and compensation of the mayor,
commission, cl erk, and the c airman of the
commission at the time each fiscal --year budget is
aRproved. The salaries _o _ t e_ city attorney, the
directors of administration, finance and budget,
and development shall be established by the mayor.
(•) Qualification and duties of the director
of administration,,_ director of finance and budget
and the director of develo ment. The individual
or individuals ho d n the posrtion of director of
administrationp directcr o finance and bu et an
erector of development MaT=ave general
oversight over such a artments, boards an
committees as maX be assigned t e mayor,
Generally, the director of administration shall
hire the personnel for and supervise those service
depart ' ments such as k!olicep fire, sanitation and
lannin -Me
and zoning boards administration;
director o • finance and rbudget sSaloversee tie
fiscal aspects and hire the personnel for and
supervise the departments under is er
supervision and the director of development sha 1
be�responsib a for Me Hiring andsupervision o
those apartments that deal- with on range,
neighborhood, communitycommuniEy or economic deve o ment
includin housinn "and internationaltrade trade
commerce. Such irector or dIr4ctors shall have at
least live ) ears of i h levelgovernment
experience or equivalent Private sector
experience.
-31-
r r
Sec. 13-A. Filling vacancies in commissionq
mayor.
A vacancy en-the-eoamiss4an in the office of
commissioner caused by death` resignat on, or
other causes shall be filled within ten (10) days
after such vacancy occurs by a majority of the
remaining commissioners and the terms of office of
the person so appointed shall be until his a
successors in office are is elected and qualified
at either
fl+-the add -year first general eleetien for
eommissioners held pursuant to seetien 4 of the
eharter-ef-the-eity-ef-Miami : -er
fe+-the-even-year-State-of-Pleride-general-eleetien=-at
whieh-eleetien-natienal;-state-and-eeenty-effiees
ere -filled;
commission
mayor. whtehever- occurs- first: In the event that
the remaining commissioners shall fail or refuse
to fill such vacancy within ten (10) days after
it occurs, as provided herein, then, and in that
event, the city commission shall call a special
election to be held at a date not less than
thirty (30) or more than forty-five (45) days
after the expiration of the said ten-day period
for the purpose of having the electors seleeting
sueh commissioner er eemmiss4eners: fill such
vacanc . Persons otherwise Sualified for office
s a have tendays from the call o -Me
election within which to file the statement and
pay the fee required of candidates in regular
municipal elections. The person who receives the
greatest number of votes in said special election
is elected for
a end -his term of office shell-be-until-his-er-
inding when his or her successor in office is
elected and qualified at the first general
election for eemmissieners held pursuant to
seetien 4 of the eharter of the eity of Miami
subsequent to the special election held to fill
such vacancy.
Should there be mere than one fl; sueh
vaeaney on the eammissien= then-1 and in that
event?-the-pereen-er-persons-reeeiving-the-highest
number-ef-votes-in-seeh-eleetien-shall-be-the-etty
eetntniseiener-er-ee+nsnissienera:
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f
If there ismore _than _ one_ (1) vacancyon" the
Commission,___t►'leresnall oe..only_ -one, JJL) election,.
and _ the _ p_e_rsons rece.i ving the. greatest number of
votes shall -be elected to fill the vacancies, for
terms ending,- at.__. the next eneralelect-ion.
Elections hel..d subsequent. to the filling of
vacancies sha 1,_when_necessary, be for shortened
terms, in order to preserve the sequence of
staggered terms provided for in this Charter. A
like, vacancy in the office of mayor shall be
filled by an appointment by the commission wi h n
10 days of the vacancy or an election ;hall" he
conducted M the manner described above.
See:-13-Bv-----Bleetien-when-terms-of-fear
or-mere-eemmissieners-expire-
simeltaneouely:-
Where the terms of four f4} or mere
eemmiss4enere-expire-s4multaneeuely-et-one-general
eleetienT then the number of eemmiss4eners
required- to- eenst4tute-a-eomm4ssion- ef-five-{5}
members-shel*-be-eleeted-for-the-terms-of-eff4ee
preser4bed-by-seet4en-4-ef-the-eharter-of-the-City
ef-Miami:
Bee:-*5r-------airy-manager--Appointment;
gne*4f4eat4ens;-term=-salary;
s4ekness-or-absence;-remevel:-
f
'Phe-eemmissien--sha44-within-thirty-f36}-daye
ofter-taking-eff4ee-appe4nt-a-e4ty-manager--who
shall - be- the-adm4nistrot4ve-heed-ef-the-men4eipa4
government and shall be responsible for the
eff4etent-admin4stratien-of-al*-departments-end
may be the head of such department as the
eemmias! en- may - by- ordinanee-prov4de.-He- shall -be
'
chosen on the basis of his exeeetive and
'
administrative gua*4f4eat#ens: He shall held
eff4ee-at-the-will-ef-the-eemmiss4env--He-shel*
receive such salary as may be foxed by the
''
eemmiss4en:-*n-erase-ef-the-sickness-er-absence-ef
'='
the-airy-manager-the-city-eemmiss4en-may-appoint
- .�:�
another person; net a member of the city
eammissien=-te-act-far-the-airy-manager?-during
his sickness or absence and the person so
=i
appointed -may; -during-the-absence-er-sieknees-ef
"'��
the -city -manager= -act -far -him -and -perform -ail -hie
_ =,=
duties and all such nets of the person se
-";
appointed -shall -be -es -valid -as -though -performed -by
.;.�
the e4ty manager: The person appointed by the
eity-eemmiss4en-te-aet-as-e4ty-manager-during-the
absenee-er-s4ekness-ef-the-eity-manager-shall-net
be-entitled-te-er-paid-any-eempensatien-far-his
`<<
services as such e4ty manager by the eity of
Miami.
fa} --Removal of City manager: The eemmiss4en
shall appeint by a majerity vote of its
"
members?-the-eity-manager-fer-en-indefinite
termT - and -may-remove-him=-by-a-majerity-vote
y>,
of its members: At *east thirty f39} days
w`y
before -such- remove* -shall-beeeme-effeetiveT
the- eemmiss4en-shaliT-by-a-majerlty-vote-ef
}�
its-members?-adept-a-prel4mtnary-reselet4en
stating the reasons for his removal: The
1 4e
f 3 �•.
t •��
.
y t
,..,.
-33-
r
F
eity manatee may reply in writing and may
regaest=a-pablie-heaeing�-whieh�ahel#-be-held
not -ear lier-thaft -bwenty-# 8}-days-nor-later
than thirty {3g} daps after the filing of
sseh-eeguest =yAfter-saeh-pabl#emshearings-if
one be r6gae9tedv and after fall
eons *de ration - the -eomm#scion=-bp=a-majority
vote of its membeess may adopt a final
reseletien-ef-removal:
See:-16 — Same--Powers-end-duties:
The powers and duties of the eity manager
shall-bet
4e}-fie see that the laws and oedinenees are
enfereed:
fb}--To appoint and remover exeept as herein
prov#dedT-all-direetere-of-the-departments
and-all-subsed#hate-eff#eere-end-employees-in
the -departments -in -both-the-elassified-end
eneleself ied-seevieeT-ell-appointments-to-be
upon merit and fitness aloneT and in the
elassifled serviee all appointments and
removals-to-be-sebleet-to-the-eiv#i-serviee
previs#ens-af-this-eharterr
4e}--�Pe-exercise-central-ever-all-departments-and
divisions ereated herein or that may be
hereafter-ereated-by-the-eommissienv
{d}--�Fe-attend-all-meetings-ef-the-eemmissien-with
p the-right-to-take-paet-in-the-diseeasten-but
having -no -voter
fe}--'Pe-eeeommend-to- the -eemmissien-far-adeptien
sueh measures as he may deem neeessary or
expedient:
4f}--�o-keep-the-eemmiss#en-fully-adv#sea-es-te
the-f#noneial-eenditien-and-needs-of-the
eity;-and-
fg}--'Pe perform seeh ether duties as may be
preser#bed-by-this-Eharter-or-be-rega#red-of
him by ordinanee or resolution of the
eemmissienr
Sec. 21. Department of law.
The city attorney shall be the director of
the department of law and an attorney -at -law
admitted to the practice in the State of Florida.
He or she shall be the legal advisor of and
attorney and counsel for the city, and for all
officers and departments thereof in matters
relating to their official duties. He or she
shall prosecute and defend all suits for an In
behalf of the city, and shall prepare all
contracts, bonds and instruments in writing in
which the city is concerned and shall endorse on
each his or her approval of the form and
correctness t i' of re`of.
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F -.
F
The city attorney shall be=the-peeseeat#ng
atte*seY-e-the-�+an4etpa4-eesrt: He�sha4 have
such number of assistants as the commission
eed4nanee may authorize. He-shal4ypreseeate+all
eeses-breaght-before=seen-sears-end-perform=the
same det4es-r se for as they are appl4eable
therete* as are rege4red of the preseeat4ng
attorney-of-the-eeanty
When required to do so by the resolution of
the commission, the city attorney shall prosecute
or defend for and in behalf of the city all
complaints# suits and controversies in which the
city is a party, and such other suits, matters and
controversies as he or she shall, by resolution or
ordinance, be directed prosecute or defend.
The maXor, the commission, the-e4ty-managerT
the director off` -any department, or any officer or
board not included within a department, may
require the opinion of the city attorney upon any
question of law involving their respective powers
and duties.
The city attorney shall be a full-time
governmental employee; shall not engage in the
private practice of law;-and-apen-his-eleet4en-by
the-e4ty-eemm4se4en-shall-serve-ant44-the-time-for
the-eleet4en-of-the-e4ty-effie4els-spee4f4ed-in
seet4en-4 f e f -ef-the-eharter-wh4eh-fellows-the-next
general-meinieipal-eleet4en.
Sec. 23-A.1. Department of off-street parking;
off-street parking board.
=,
(b) There is hereby established a board to
be known as the 'Off -Street Parking Board of the
City of Miami' (hereinafter sometimes called the
'off-street parking board' or the 'board') which
shall consist of five (5) members. Each member
of the board shall either reside or have his or
her rinci al lace of business in the cityanff
ssiall be an individual of outstanding reputation
for integrity, responsibility, and business
ability; but no officer or employee of the city
shall serve as a member of the board while
employed as such officer or employee of the city.
Within thirty (30) days after the city
commission shall have adopted an ordinance
declaring the need for the department and for the
board, 4t shell the mayor shall appoint the
members of the board, two of whom shall hold
r
office for a term of two (2) years, two (2) of
whom shall hold office for a term of three (3)
years, and one (1) of whom shall hold office for a
term of four (4) years, and thereafter each
member shall be appointed for a term of f ive ( 5 )
years, as herein provided.
f
At least ten (10) days prior to the date of
expiration of the term of any member of the board,
or within ten (10) days after the death,
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P. f
resignation, or removal of any such member, his a
successor shall be named and appointed by the
remaining members of the board, subject to
confirmation by the eemtnissien-e=tht=ety mayor.
In the event that any appointment so made sTall
not be confirmed by the eemm+ssien mayor within
ten (10) days after notice of such appointment has
been served upon the commission, the appointment
shall be null and void, and the remaining members
of the board shall made a new appointment likewise
subject to confirmation by the esaMssien m___a_��yoo�r__.
Each member of the board shall be eligibfeor
reappointment.
Upon the effective date of his or her
appointment or as soon thereafter as practica-ile,
each member of the board shall enter upon his
duties? assume office, but before doing so he
shall take t e oatfi prescribed by-seetfen-91-of
the city Eharter elsewhere in this Charter and
shall execute a 6ond in e -penal sum of ten
thousand ($10,000), payable to the department and
conditioned upon the faithful performance of the
duties of his the offices. whieh-bend-she++ aSaid
bond shall be approved by the commission ef=the
eity and filed with the city clerk; the cost of
the premium on such bond shall be treated as part
of the cost of operating the department.
The Each member of the board shall be paid a
salary of M y ($50) per annum or such larger sum
as the commission may establish by ordinance.
Any member of the board may be removed by the
eammissien mma o_r,_ fee -good -eaese-and -after-peeper
hearing : -by-the-eemmissiens but if so removed,
may apply to the Circuit Court of the Eleventh
Judicial Circuit in and for Dade County, Florida,
for a review of the action of the eamm+ssien
mayor.
(e) The director shall be appointed by and
shall hold office at the will of the board. He or
she shall be a person of good moral character an�c
a"Ve an excellent reputation for integrity,
responsibility, and business ability, but no
member of the board shall be eligible for
appointment as director. The director shall
receive such salary, payable in equal semimonthly
installments, as shall be fixed by the board, but
such salary shall not be less than ten thousand
($10,000) per annum. Before entering upon hie
duties assuming office, the director shall take
the oa-EE Fna execute the bond prescribed
hereinbefore for each member of the board. The
director shall act as the Chief executive officer
of the department, shall devote his -entire full
time and attention to the duties of his tie
office, and shall not engage actively in any otTie`r
business or profession. Subject to the direction
and approval of the board, the director shall
attend all meetings of the hoard; shall furnish to
the board, mayor and commission of the eity a
monthly repo t with respect to the operation,
-36-
0 f
J
'i
L�
resignation, or removal of any such member, his a
successor shall be named and appointed by the
remaining members of the board, subject to
confirmation by the ea+ise}e+-e-the-e#tY mayYo...r.
In the event that any appointment so made sTi-aTl
not be confirmed by the eamM asien _ate within
ten (10) days after notice of such appointment has
been served upon the commission, the appointment
shall be null and void, and the remaining members
of the board shall made a new appointment likewise
subject to confirmation by the eommission mayor,
Each member of the board shall be eligib�or
reappointment.
Upon the effective date of his or her
appointment or as soon thereafter as pract cafe,
each member of the board shall enter open his
duties? assume office, but before doing so he
shall take t e oat prescribed by-seetien-91-of
the Eity eharter elsewhere in this Charter and
shall execute a Zon in t e -penal sum of ten
thousand ($10,000), payable to the department and
conditioned upon the faithful performance of the
duties of his the office?. whieh-bend-she++ sSaid
bond shall be approved by the commission of --the
city and filed with the city clerk; the cost of
the premium on such bond shall be treated as part
of the cost of operating the department.
The Each member of the board shall be paid a
salary of + if y ($50) per annum or such larger sum
as the commission may establish by ordinance.
Any member of the board may be removed by the
eommission moor, for -good -eause -and -aft er-proper
hearing:-bY-t e-eemmisaienT but if so removed,
may apply to the Circuit Court of the Eleventh
Judicial Circuit in and for Dade County, Florida,
for a review of the action of the eemmiss#en
mayor,
(e) The director shall be appointed by and
shall hold office at the will of the board. He or
she shall be a person of good moral character an3
gave an excellent reputation for integrity,
responsibility, and business ability, but no
member of the board shall be eligible for
appointment as director. The director shall
receive such salary, payable in equal semimonthly
installments, as shall be fixed by the board, but
such salary shall not be less than ten thousand
($10,000) per annum. Before entering open his
duties assuming office, the director shall take
the oath n execute the bond prescribed
hereinbefore for each member of the board. The
director shall act as the Chief executive officer
of the department, shall devote his -entire full
time and attention to the duties of his tfe
office, and shall not engage actively in any otFer
business or profession. Subject to the direction
and approval of the board, the director shall
attend all meetings of the board; shall furnish to
the board, mayor and commission of the eity a
monthly report with respect to the operation,
-36-
maintenance, and financial condition of off-street
parking; and shall from time to time have prepared
and shall furnish such reports, audits, and other
information relating to said facilities as may be
required by the board
In the event that the director shall for any
reason be temporarily incapable of exercising the
powers and of performing the duties and functions
of his office, the board may appoint an acting
director to exercise such powers and to perform
such functions and duties until such incapacity of
the director shall be terminated.
Sec. 60. Civil service-ereatien-ef-beard;
appointment; -terms-ef-effiee;
-veeeneiest-rules-end-regulations.
A civil service board of the eity-of-miamiy-a
munielpai-eerperatien-of-the-State-of-Pieride;-be=
and the some city is hereby created and
established. ; and There shall be five (5)
members constituting the said civil service board.
Three (3) shall be appointed by the eemm+ssien
�mmavo��r, and two (2) shall be elected by the
employees of the eity of Miami city with civil
service status, from said employees with such
civil service status. The two (2) so elected
shall become members of the board when confirmed
by the city commission. All members of the said
civil service board shall serve for two (2) years,
and they shall take office as soon as appointed
and qualified. The commission mayor may remove
any appointed member without cause and any
other member of the board Eor cause, upon
stat ng in writing the reasons for the removal,
after allowing him or her to be heard by the
commission mayorin their his or her own defense.
Any vacancy sme_ll be filled by t e eammisaien
mayor for the unexpired term. The eity-manager
mayor is sha++-be-end-he---is-hereby= authorized
to prescribe the rules, regulations, and procedure
for the holding of election for the purpose of
electing the two (2) members of the civil service
board by the city employees with civil service
status.
Sec. 62. Same --Unclassified and classi-
fied service.
The civil service of the city is hereby
divided into the unclassified and the classified
service.
(1) The unclassified service shall include:
(a) The elty-manager;-his assistants; and
secretarial staff tothe mayor, city attorney and
city clerk.
Personnel with permanent civil service rights
appointed by the city -manager mayor, city attorney
-37-
and __c__ it clerk shall retain said civil [service]
r g is in the position from which selected as may
have accrued.
Sec. 88. power to appoint boards or
commissions of citizens.
The commission and the mayor may, at the
request of the eity manager-, appoint create
boards or commissions, to be composed of such
number of citizens as the commission may deer
expedient to act in an advisory capacity it.
conjunction with any one (1) or more of the
departments created or authorized hereby. The
members of all such boards and commissions shall
serve without compensation, and may be removed at
any time by e-snejerity-Crete-ef-the-eea+nsissien: the
mayor
Sec. 90 Compensation of officers and
employees.
The eammissien she++ fix by erdinenee the
eempensetien of the eity manager= heeds of
department 7 -monieipei-ledges-end-the-eity-eierk-
The-elty-manager The mayor shall fix the number
and salaries or compensation of all ether officers
and employees except as otherwise provided in this
Charter.
The salaries or compensations so fixed shall
be uniform for like service in each grade of the
service as the same shall be graded or classified
by the eity-manager mayor in accordance with the
rules and regulations adopted by the civil service
board. All fees and moneys received or collected
by officers and employees shall be paid into the
city treasury.
Section 2.A. To accomplish the stated purpose of the
herein proposed Charter Amendment it has been necessary to make
extensive changes in the existing charter; accordingly, it is the
express intent of this ordinance to vest the mayor with
executive and administrative powers presently held by the City
Manager. In furtherance of such purpose and intent all
references to "City Manager" contained in the Charter and not
expressly addressed in Section 2 of this ordinance shall be
changed to "Mayor" including but not limited to Sections 52, 53,
54, 55, and 65.
-38-
f,
and.._ cit. .. clerk shall retain said civil [service]
rights`_
n t e position from which selected as may
have accrued.
Sec. 88. Power to appoint boards or
commissions of citizens.
The commission and the mayor may, at the
request of the eify- menage!* appoint create
boards or commissions, to be composed of such
number of citizens as the commission may deem
expedient to act in an advisory capacity in
conjunction with any one (1) or more of the
departments created or authorized hereby. The
members of all such boards and commissions shall
serve without compensation, and may be removed at
any time by a-majority-vote-ef-the-eemmission: the
mayor
Sec. 90 Compensation of officers and
employees.
The eammissien shall. fix by erdinanee the
eempenaatien of the eity manager; heads of
departments=-municipal-3udges-end-the-eity-elerk7
The-eity-manager The mayor shall fix the number
and salaries or compe— nsation of all ether officers
and employees except as otherwise provided in this
Charter.
The salaries or compensations so fixed shall
be uniform for like service in each grade of the
service as the same shall be graded or classified
by the eity-manager ma or in accordance with the
rules and regulations adopted by the civil service
board. All fees and moneys received or collected
by officers and employees shall be paid into the
city treasury.
Section
2.A.
To accomplish the
stated
purpose of the
herein proposed Charter Amendment it has been necessary to make
extensive changes in the existing charter; accordingly, it is the
express intent of this ordinance to vest the mayor with
executive and administrative powers presently held by the City
Manager. In furtherance of such purpose and intent all
references to "City Manager" contained in the Charter and not
expressly addressed in Section 2 of this ordinance shall be
changed to "Mayor" including but not limited to Sections 52, 53,
54, 55, and 65.
-38-
Section 3. The provisions of Section 2, in whole or in
part, of this ordinance shall only become operative if proposed
Charter Amendment No. 1, having been approved by the City of
Miami electorate at a Special Municipal Election on September 4,
1984, is ruled invalid by judicial decision, in whole or in part,
and in case of such a ruling of invalidity, the provisions of
Section l,.in whole or in part, of this ordinance shall be void,
wholly or partially, and shall have no force or effect.
Section 4. All existing Charter sections or parts
thereof and all ordinances or parts of ordinances in conflict
herewith, insofar as they are in conflict, are hereby repealed.
Section 5. If any section, part of section, paragraph,
clause, phrase, or word of this ordinance is for any reason held
or declared to be unconstitutional, inoperative or void, such
holding or invalidity shall not affect the remaining portions of
this ordinance unless such holding or invalidity thwarts or
frustrates the above expressed intent of the City Commission. If
the expressed intent is not thwarted or frustrated, the remainder
of this ordinance after the exclusion of such invalid part or
parts, shall be deemed and held to be as valid as if such part or
parts had not been included therein.
PASSED ON FIRST READING BY TITLE ONLY this day of
, 1985.
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PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this .day of - - -__ r 1985.
ATTEST:
RALPH G. ONGIEf CITY CLERK
PREPARED AND APPROVED BY:
ROBERT F.-CLERK
CHIEF DEPUTY CITY ATTORNEY
MA BRICK A. FERRS
M A Y 0 R
APPROV A FORM AND CORRECTNESS:
LUCIA A. DOUGHE Y
CITY ATTORNEY
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